If you have been injured in an accident that was not your fault, it is crucial to seek legal advice as soon as possible. You may be entitled to compensation through a personal injury lawsuit governed by North Carolina statutes. Remember, there is a statute of limitations that sets a time limit for filing a lawsuit, so acting promptly is key.
The statute of limitations is a crucial aspect of personal injury lawsuits. In North Carolina, if you do not file a lawsuit within three years of the accident, you may lose your right to pursue compensation. Seeking legal advice as soon as possible can help you navigate this important deadline and ensure you do not miss out on the damages you deserve.
What is a Personal Injury Lawsuit?A personal injury case is a civil lawsuit filed in civil court. Personal injury lawsuits are separate from criminal cases. The person who was injured, called the plaintiff, files a lawsuit against the person or business that caused their injuries, called the defendant. Most personal injury lawsuits happen when someone is injured in an accident, such as being struck by a vehicle, slipping and following, or being injured because of medical malpractice.
As a result, most personal injury lawsuits involve the legal concept of negligence. The defendant usually did not intend to hurt the victim, but their failure to use reasonable care under the circumstances caused the victim to become injured.
Under North Carolina law, when a person is injured because of someone else's negligence or recklessness, they have the right to pursue compensation for all their losses, including medical expenses, missed wages, and pain and suffering. While victims of personal injury accidents are not required to hire an attorney to file a personal injury lawsuit, many choose to have legal representation. This choice can provide you with the guidance and reassurance you need to navigate the complex process.
What Compensation is Available in a Personal Injury Lawsuit?Victims of personal injury accidents can pursue several different types of damages, including economic and non-economic damages. Economic damages are those lost because of an accident. Medical expenses for surgeries, hospital stays, chiropractor visits, and prescription medication can increase quickly. The cost of any treatment a victim requires for ongoing help can also be included.
If your injuries have caused you to miss work, you can also pursue compensation for the wages you lost while you could not work and the sick leave and vacation time you had to use. You can also pursue compensation for the time off from work you needed to recover from your injuries. If your employer did not pay you for the missed time, you can include your lost earnings in your compensation.
Many victims of personal injury accidents who pursue lawsuits sustain significant injuries that are disabling and render them unable to work at the same job they had before they were injured. Some victims cannot work at all because of their injuries. The injured party can pursue compensation for vocational retraining to find gainful employment in a job they can do with their change condition. If they cannot work, they can pursue compensation for all of the years of missed income.
Many personal injury accident victims suffer other injuries that are not as easy to quantify as physical injuries. For example, they may suffer physical pain from their injuries, emotional trauma, anguish, PTSD, and anxiety. Victims can pursue noneconomic damages for all of these injuries. Pursuing a personal injury lawsuit can help you relieve financial stress and continue to pursue the goals and dreams you had before you became injured.
How Many Personal Injury Lawsuits Settle Out of Court?Many personal injury lawsuits settle out of court, offering a hopeful and optimistic resolution. When a case settles out of court, both parties agree to a settlement amount before the case goes to trial. Working with an experienced attorney can give you the best likelihood possible of fairly settling your case out of court. The first step is to complete your medical care and work with experts to understand how much your injuries will cost over the long term.
When it comes to settling a personal injury lawsuit, having an experienced attorney on your side is invaluable. Your attorney will send a demand letter to the insurance companies outlining your losses and requesting a specific amount of compensation. They will then negotiate the settlement with the insurance company or defendants. If a fair settlement is not reached, your attorney can proceed with the lawsuit.
Speak to an Experienced Personal Injury Attorney in CharlotteHave you been seriously injured in a personal injury accident in North Carolina? If so, you are not alone. Contact Arnold & Smith, PLLC, to schedule a free case evaluation.